How Notaries Are Regulated

It is important to understand the regulations that govern Notaries because Notaries perform such a variety of essential services, from witnessing the signing of legal documents to administering oaths.

It is the duty of a Notary to verify the identity of an individual who signs a legal document and to ascertain whether or not the signer in doing so willing and of a sound mind, in order to deter fraud. In fact, many legal documents are not even binding without a notary public's signature. Public notaries, then, actually hold a lot of regulatory power; for that reason, anyone who is about to enter into a binding legal agreement should know How Notaries Are Regulated.

Although the requirements for becoming a notary vary from state to state, it's a fact that all notaries must be trained and certified before assuming their positions. Don't be afraid to ask a notary public how much training he/she has in his/her chosen field; if necessary ask to see the notary's seal of certification.

Also be aware that, while powerful and respected, the powers of a notary public are not endless and boundless. A notary public verifies the identification of a document signer by checking his/her driver's license, military ID or passport; in other words, by checking basic documents that feature a photo of and basic identifying information about the signer. A notary should not ask personal questions about the signer, and does not have the power to answer questions on legal matters. And under no circumstances may a notary or a traveling notary public give legal advice or prepare legal documents; unless, of course, he/she also happens to be a licensed attorney. Furthermore, while a public notary is expected to halt the execution of fraudulent or involuntary legal procedures, he/she may not refuse to serve an individual because of his/her gender, nationality, race, religion, lifestyle, etc. And a notary generally has an enforced cap on how much he/she can charge for his/her services; this cap differs slightly from state to state.

Knowing how a notaries is regulated should also give an individual the knowledge they need to report any suspected illegal or unprofessional conduct committed by a notary. Anyone who feels that he/she has been victimized by a notary's unsound practices should report the notary to a law enforcement agency, as well as to an appropriate notary-regulating state official such as a secretary of state, governor, lieutenant governor or attorney general.

Prior to engaging the services of a notary when signing a legal document, it is important to understand Regulations governing Notaries.

Notary Public information.